Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2015, 35255-35259 [2015-15086]
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
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If a carrier’s non-temporary HMSP is
denied, suspended or revoked pursuant
to § 385.421, the carrier will have
various options for seeking
administrative review and providing
evidence of corrective action. If the
suspension or revocation is based on a
less than satisfactory safety rating, the
carrier may request administrative
review of the proposed rating under
§ 385.15, or may request upgrade of a
proposed safety rating based on
corrective action under § 385.17, as
provided in § 385.423(a). The carrier
may seek administrative review of other
grounds for a proposed suspension or
revocation as provided in § 385.423(c).
A proposed suspension or revocation
under § 385.421(c)(2) will not become
effective during the pendency of a
request for administrative review that is
timely-filed during the 30-day
timeframe from the date of service of the
written notice of proposed suspension
or revocation. The 30-day effective date
and the tolling of this date by a request
for administrative review of proposed
suspensions or revocations that are not
related to a less than satisfactory safety
rating allows the carrier time to take and
submit evidence of corrective action.
The second recommendation in the
HMSP Report to Congress was for
FMCSA to institute an ongoing
requirement to more closely monitor
HMSP carriers with insufficient SMS
data—that is, HMSP carriers that rarely
undergo roadside inspections and have
a safety rating over 4 years old. Because
of the lack of information and oversight
on these carriers, FMCSA will conduct
comprehensive investigations for HMSP
carriers when the carrier has insufficient
data to calculate a percentile in SMS
during any month of the previous 48month period. HMSP carriers will not
be allowed to operate for more than four
years without either having enough
safety performance data to confirm
compliance, or having received a
compliance review that results in a
satisfactory rating. By instituting a
specific 4-year investigation cycle for
non-temporary HMSP carriers with
insufficient safety data, these carriers
will become subject to increased
oversight.
These changes will be effective
August 18, 2015.
Issued on: June 8, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015–15091 Filed 6–18–15; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150211144–5509–02]
RIN 0648–BE89
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2015
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing
management measures for the 2015
summer flounder, scup, and black sea
bass recreational fisheries. The
implementing regulations for these
fisheries require NMFS to publish
recreational measures for each fishing
year. The intent of these measures is to
constrain recreational catch to
established limits and prevent
overfishing of the summer flounder,
scup, and black sea bass resources.
DATES: Effective June 19, 2015.
ADDRESSES: Copies of the Supplemental
Information Report and other
supporting documents for the
recreational harvest measures are
available from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 N. State Street, Dover, DE 19901.
The recreational harvest measures
document is also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively under the provisions of
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP) developed by the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission, in consultation with the
New England and South Atlantic
Fishery Management Councils. The
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management units specified in the FMP
include summer flounder (Paralichthys
dentatus) in U.S. waters of the Atlantic
Ocean from the southern border of
North Carolina northward to the U.S./
Canada border, and scup (Stenotomus
chrysops) and black sea bass
(Centropristis striata) in U.S. waters of
the Atlantic Ocean from 35°13.3′ N. lat.
(the approximate latitude of Cape
Hatteras, North Carolina) northward to
the U.S./Canada border. States manage
these three species within 3 nautical
miles (4.83 km) of their coasts, under
the Commission’s plan for summer
flounder, scup, and black sea bass. The
applicable species-specific Federal
regulations govern vessels and
individual fishermen fishing in Federal
waters of the exclusive economic zone
(EEZ), as well as vessels possessing a
summer flounder, scup, or black sea
bass Federal charter/party vessel permit,
regardless of where they fish.
A proposed rule to implement the
2015 Federal recreational management
measures (minimum fish size, season,
and possession limit) for the summer
flounder, scup, and black sea bass
fisheries was published in the Federal
Register on May 5, 2015 (80 FR 25656),
with a 15-day comment period that
ended on May 20, 2015. Additional
background and information on the
process to develop the measures
described is provided in the preamble to
the proposed rule and is not repeated
here.
2015 Recreational Management
Measures
NMFS is implementing the following
measures that would apply in the
Federal waters of the EEZ. These
measures apply to all federally
permitted party/charter vessels with
applicable summer flounder, scup, or
black sea bass permits, regardless of
where they fish, unless the state in
which they land implements measures
that are more restrictive. These
measures are intended to achieve, but
not exceed, the previously established
recreational harvest limits for these
fisheries (December 30, 2014; 79 FR
78311). More detail on these proposed
measures is provided in the following
sections.
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
TABLE 1—SUMMARY OF 2015 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL MANAGEMENT
MEASURES
Minimum size
Summer Flounder, through
December 31, 2015.
Summer Flounder, beginning January 1, 2016.
Scup .....................................
Black Sea Bass ...................
Possession limit
Season
Conservation equivalency—specific management measures determined by state of landing (see Table 2).
18 inches (45.7 cm) ..........
4 fish ..................................
May 1–September 30.
9 inches (25.4 cm) ............
12.5 inches (31.8 cm) .......
50 fish ................................
15 fish ................................
January 1–December 31.
May 15–September 18, October 22–December 31.
Summer Flounder Recreational
Management Measures
This rule implements the Council and
Commission recommendation to use
conservation equivalency to manage the
2015 summer flounder recreational
fishery. The 2015 recreational harvest
limit for summer flounder is 7.38
million lb (3,347 mt). Final landings for
2014 were 7.39 million lb (3,354 mt),
just above the recreational harvest limit
for 2015.
Conservation equivalency, as
established by Framework Adjustment 2
(July 29, 2011; 66 FR 36208), allows
each state to establish its own
recreational management measures to
achieve its state harvest limit
partitioned by the Commission from the
coastwide recreational harvest limit, as
long as the combined effect of all of the
states’ management measures achieves
the same level of conservation as would
Federal coastwide measures. Framework
Adjustment 6 (July 26, 2006; 71 FR
42315) allowed states to form regions for
conservation equivalency in order to
minimize differences in regulations for
anglers fishing in adjacent waters.
The Council and Board voted to
maintain the conservation equivalency
structure that was in place for fishing
year 2014, as follows: (1)
Massachusettes; (2) Rhode Island; (3)
Connecticut, New York, and New Jersey;
(4) Delaware, Maryland, and Virginia;
and (5) North Carolina. All states within
a region must implement identical
measures (i.e., minimum size,
possession limit, and season length). By
implementing conservation
equivalency, the Federal summer
flounder regulations are suspended, and
vessels are only subject to the measures
for the state in which they land. This
means that minimum fish sizes,
possession limits, and fishing seasons
developed and adopted by the five
regions from Massachusetts to North
Carolina replace the Federal waters
measures for 2015.
The Commission notified the NMFS
Greater Atlantic Regional Administrator
by letter dated April 30, 2015, that the
2015 summer flounder recreational
fishery management measures
implemented by the states and regions
described above have been reviewed by
the Commission’s Technical Committee
and approved by the Commission’s
Summer Flounder Management Board.
The correspondence indicates that the
Commission-approved management
measures are projected to restrict 2015
recreational summer flounder coastwide
landings consistent with the statespecific requirements established by the
Technical Committee and Board
through the Commission process.
Based on the recommendation of the
Commission, we find that the
recreational summer flounder fishing
measures implemented for 2015 in state
waters are, collectively, the
conservation equivalent of the season,
minimum size, and possession limit
prescribed in §§ 648.104(b), 648.105,
and 648.106(a), respectively. According
to § 648.107(a)(1), vessels subject to the
recreational fishing measures of this
part and landing summer flounder in a
state with an approved conservation
equivalency program shall not be
subject to Federal measures, and shall
instead be subject to the recreational
fishing measures implemented by the
state in which they land. Section
648.107(a) has been amended to
recognize state-implemented measures
as conservation equivalent of the
coastwide recreational management
measures for 2015. The 2015 summer
flounder management measures adopted
by the individual states vary according
to the state of landing, as specified in
Table 2.
TABLE 2—2015 COMMISSION-APPROVED CONSERVATION EQUIVALENT RECREATIONAL MANAGEMENT MEASURES FOR
SUMMER FLOUNDER
Minimum size
(inches)
Minimum size
(cm)
16
18
18
18
18
16
16
16
16
15
State
40.6
45.7
45.7
45.7
45.7
40.6
40.6
40.6
40.6
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Massachusetts ............................................
Rhode Island ..............................................
Connecticut * ...............................................
New York ....................................................
New Jersey * ...............................................
Delaware .....................................................
Maryland .....................................................
Potomac River Fisheries Commission .......
Virginia ........................................................
North Carolina ............................................
Possession limit
(number of fish)
Open season
5
8
5
5
5
4
4
4
4
6
May 22–September 30.
May 1–December 31.
May 17–September 21.
May 17–September 21.
May 23–September 26.
All Year.
All Year.
All year.
All year.
All Year.
* Note: At 46 designated shore sites in Connecticut, anglers may keep 5 fish at 16 inches (40.6 cm), May 17–September 21. At 1 designated
site in New Jersey, anglers may keep 2 fish at 16.0 inches (40.6 cm), May 23–September 26.
In addition, this action maintains the
current default coastwide measures (18inch (45.7-cm) minimum size, 4-fish
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possession limit, May 1–September 30
open fishing season), that become
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effective January 1, 2016, when
conservation equivalency expires.
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
Scup Recreational Management
Measures
NMFS is implementing the Council
and Commission’s recommended scup
recreational management measures for
2015 in Federal waters. The measures
for the 2015 scup recreational fishery
are: 9-inch (22.9-cm) minimum fish size;
50-fish per person per trip possession
limit; and an open season of January 1
through December 31.
The 2015 scup recreational harvest
limit is 6.80 million lb (3,084 mt). Final
2014 scup recreational landings were
4.12 million lb (1,870 mt). The increase
in the possession limit from 30 to 50
fish is intended to promote an increase
in recreational scup fishing in order to
more fully achieve, but not exceed, the
recreational harvest limit.
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Black Sea Bass Recreational
Management Measures
This final rule implements the
Council and Commission’s
recommended recreational management
measures to constrain landings for black
sea bass in 2015: A 12.5-inch (31.8-cm)
minimum size, 15-fish possession limit,
and open seasons of May 15–September
21 and October 22–December 31. The
2015 black sea bass recreational harvest
limit is 2.33 million lb (1,056 mt). The
final 2014 landings were 3.65 million lb
(1,656 mt). During development of these
and the state measures, projected
landings for 2014 were 3.45 million lb
(1,565 mt), which requires a 33-percent
reduction in landings relative to the
2015 recreational harvest limit.
Recreational black sea bass catch
occurs primarily in state waters in the
states of New Jersey through
Massachusetts (i.e., the northern region).
Since 2011, the management measures
in the northern region have been more
restrictive than in Federal waters. The
northern states, through the
Commission process, have implemented
2015 measures to achieve the 33-percent
reduction in landings from each state
that was projected to be needed when
this action was under development.
This reduction, in combination with the
Council’s recommendation of
maintaining the status quo measures in
Federal waters, are intended to achieve,
but not exceed, the recreational harvest
limit and recreational annual catch limit
in 2015. The southern region states
(Delaware through Cape Hatteras, North
Carolina) have implemented state
waters measures that are equivalent to
the Federal measures. The states of
Maine and New Hampshire have
implemented recreational black sea bass
measures for the first time in response
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to the stock being more commonly
found in these states’ waters.
In 2012, recreational black sea bass
catch exceeded the annual catch limit of
2.52 million lb (1,143 mt) by 129
percent. In 2013, recreational black sea
bass catch exceeded the annual catch
limit of 2.9 million lb (1,315 mt) by 5
percent. Because the average catch for
these two years exceeds the average
annual catch limit from the same
timeframe, as described in the
regulations, an accountability measure
is applicable to the 2015 fishery. An
accountability measure was
implemented for the 2014 fishing year
because of the 2012 overage. The 2015
measures are functionally the same as
those implemented last year to comply
with the accountability measure (12.5inch (31.8-cm) minimum size, 15-fish
possession limit, and 201-day fishing
season). Continuing these regulations
preserves the accountability measure
that was applied last year; as such, no
further accountability measures are
necessary for 2015.
Additional Regulatory Change
This rule also clarifies that the
regulations for summer flounder, scup,
and black sea bass possession limits are
per person, per trip. While it is clear in
the FMP and subsequent amendments
and framework adjustments that the
possession limits are intended to apply
for the entirety of a fishing trip,
regardless of the length of that trip, the
regulations were less specific. This
action corrects that oversight.
Comments and Responses
Three comments were received on the
proposed rule. These comments were
not directly related to the 2015
recreational management measures as
proposed, but raised more general
issues. No changes to the 2015
recreational management measures are
being made as a result.
Comment 1: The first commenter
expressed concern that reduced black
sea bass fishing would result in
increased pressure on other stocks, such
as red hake, bluefish, and winter
flounder, and noted a marked increase
in fishing on red hake when other
recreational fisheries have restrictive
measures. The commenter advised
leaving the fishery open during the
summer months.
Response: The Federal black sea bass
fishery will be open during the summer
months, but some states may implement
more restrictive seasons in order to
achieve the reduction necessary,
described above. NMFS has no authority
over the states’ measures and they are
not the subject of this rule. In addition,
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the other species noted by the
commenter are all federally managed
species with annual catch limits and
accountability measures designed to
ensure catch stays within scientificallybased levels.
Comment 2: The second commenter
was not specific to which measures he
was referring, but noted that
recreational measures should not be
made more restrictive and that more
restrictive measures should be placed
on the commercial fishery.
Response: This rulemaking is specific
to the recreational fisheries for summer
flounder, scup, and black sea bass only.
For all three species managed under the
Summer Flounder, Scup, and Black Sea
Bass FMP, the commercial and
recreational sectors have separate
annual catch limits. The amount of
landings allocated to each sector is
specified in the FMP. This allocation
structure is intended to ensure that
neither sector is held accountable for
catch overages in the other sector. The
commercial fisheries are regulated with
seasonal, gear, permit, and landings
restrictions. These combinations of
measures, both in Federal and state
waters, are designed to achieve, but not
exceed, the commercial coastwide
landings quotas. The commercial
accountability measures require a
pound-for-pound payback of any quota
or annual catch limit overages. In recent
years, small overages of the commercial
quota or commercial annual catch limit
have been accounted for by reducing the
following year’s quota equal to the
amount of the overage, as needed.
Further restrictions on the commercial
fishery are not warranted at this time.
Should the commercial catch need to be
reduced for any of these species, those
changes would be implemented in a
commercial sector-specific rulemaking.
Comment 3: The commenter noted
that limits on the number and size of
fish caught recreationally were
important to the long-term sustainability
of the fisheries.
Response: NMFS agrees and is
implementing these measures
specifically to ensure that the
scientifically-based recreational harvest
limits are not exceeded.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that the rule
implementing the 2015 summer
flounder, scup, and black sea bass
recreational management measures is
necessary for the conservation and
management of the summer flounder,
scup, and black sea bass fisheries and
that it is consistent with the MagnusonStevens Fishery Conservation and
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
Management Act and other applicable
laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause to
waive the requirement for a 30-day
delay in effectiveness under the
provisions of section 553(d) of the
Administrative Procedure Act because a
delay in its effectiveness would not
serve any legitimate purpose, while
unfairly prejudicing federally permitted
charter/party vessels. This action will
increase the possession limit for the
recreational scup fishery in Federal
waters and allow federally permitted
charter/party vessels to be subject to the
new summer flounder measures in their
respective states. Because some states’
summer flounder fisheries are already
open or will open during the 30-day
period following publication of this
rule, federally permitted charter/party
vessels would be restricted to the
existing summer flounder coastwide
regulations (18-inch (45.7-cm) minimum
size and a 4-fish per person possession
limit) until the Federal regulations are
effective. This would unnecessarily
disadvantage federally permitted
vessels, which would be subject to the
more restrictive measures while statelicensed vessels could be engaged in
fishing activities under this year’s
management measures. If this final rule
were delayed for 30 days, the fishery
would likely forego some amount of
landings and revenues during the delay
period.
While these restrictions would be
alleviated after this rule becomes
effective, fishermen may be not able to
recoup the lost economic opportunity of
foregone trips that would result from
delaying the effectiveness of this action.
Finally, requiring a 30-day delay before
the final rule becomes effective would
not provide any benefit to the regulated
parties. Unlike actions that require an
adjustment period to comply with new
rules, charter/party operators will not
have to purchase new equipment or
otherwise expend time or money to
comply with these management
measures. Rather, complying with this
final rule simply means adhering to the
published management measures for
each relevant species of fish while the
charter/party operators are engaged in
fishing activities.
For these reasons, the Assistant
Administrator finds good cause to waive
the 30-day delay and to implement this
rule upon publication in the Federal
Register.
The Chief Counsel for Regulation of
the Department of Commerce certified
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to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared. There
are no new reporting or recordkeeping
requirements contained in any of the
alternatives considered for this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: June 15, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.106, paragraphs (a) and (c)
are revised to read as follows:
■
§ 648.106 Summer flounder possession
restrictions.
(a) Party/charter and recreational
possession limits. Unless otherwise
specified pursuant to § 648.107, no
person shall possess more than four
summer flounder in, or harvested from,
the EEZ, per trip unless that person is
the owner or operator of a fishing vessel
issued a summer flounder moratorium
permit, or is issued a summer flounder
dealer permit. Persons aboard a
commercial vessel that is not eligible for
a summer flounder moratorium permit
are subject to this possession limit. The
owner, operator, and crew of a charter
or party boat issued a summer flounder
moratorium permit are subject to the
possession limit when carrying
passengers for hire or when carrying
more than five crew members for a party
boat, or more than three crew members
for a charter boat. This possession limit
may be adjusted pursuant to the
procedures in § 648.102.
*
*
*
*
*
(c) Summer flounder harvested by
vessels subject to the possession limit
with more than one person on board
may be pooled in one or more
containers. Compliance with the
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possession limit will be determined by
dividing the number of summer
flounder on board by the number of
persons on board, other than the captain
and the crew. If there is a violation of
the possession limit on board a vessel
carrying more than one person, the
violation shall be deemed to have been
committed by the owner and operator of
the vessel.
*
*
*
*
*
3. In § 648.107, paragraph (a)
introductory text is revised to read as
follows:
■
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures implemented by the states of
Maine through North Carolina for 2015
are the conservation equivalent of the
season, minimum size, and possession
limit prescribed in §§ 648.102, 648.103,
and 648.105(a), respectively. This
determination is based on a
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission.
*
*
*
*
*
4. In § 648.128, paragraphs (a) and (c)
are revised to read as follows:
■
§ 648.128
Scup possession restrictions.
(a) Party/Charter and recreational
possession limits. No person shall
possess more than 50 scup in, or
harvested from, per trip the EEZ unless
that person is the owner or operator of
a fishing vessel issued a scup
moratorium permit, or is issued a scup
dealer permit. Persons aboard a
commercial vessel that is not eligible for
a scup moratorium permit are subject to
this possession limit. The owner,
operator, and crew of a charter or party
boat issued a scup moratorium permit
are subject to the possession limit when
carrying passengers for hire or when
carrying more than five crew members
for a party boat, or more than three crew
members for a charter boat. This
possession limit may be adjusted
pursuant to the procedures in § 648.122.
*
*
*
*
*
(c) Scup harvested by vessels subject
to the possession limit with more than
one person aboard may be pooled in one
or more containers. Compliance with
the possession limit will be determined
by dividing the number of scup on
board by the number of persons aboard
other than the captain and crew. If there
is a violation of the possession limit on
board a vessel carrying more than one
person, the violation shall be deemed to
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have been committed by the owner and
operator.
*
*
*
*
*
■ 5. In § 648.145, paragraphs (a) and (c)
are revised to read as follows:
§ 648.145
Black sea bass possession limit.
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(a) During the recreational fishing
season specified at § 648.146, no person
shall possess more than 15 black sea
bass in, or harvested from, per trip the
EEZ unless that person is the owner or
operator of a fishing vessel issued a
black sea bass moratorium permit, or is
issued a black sea bass dealer permit.
Persons aboard a commercial vessel that
is not eligible for a black sea bass
moratorium permit may not retain more
than 15 black sea bass during the
recreational fishing season specified at
§ 648.146. The owner, operator, and
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crew of a charter or party boat issued a
black sea bass moratorium permit are
subject to the possession limit when
carrying passengers for hire or when
carrying more than five crew members
for a party boat, or more than three crew
members for a charter boat. This
possession limit may be adjusted
pursuant to the procedures in § 648.142.
*
*
*
*
*
(c) Black sea bass harvested by vessels
subject to the possession limit with
more than one person aboard may be
pooled in one or more containers.
Compliance with the possession limit
will be determined by dividing the
number of black sea bass on board by
the number of persons aboard, other
than the captain and the crew. If there
is a violation of the possession limit on
board a vessel carrying more than one
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person, the violation shall be deemed to
have been committed by the owner and
operator of the vessel.
*
*
*
*
*
6. Section 648.146 is revised to read
as follows:
■
§ 648.146 Black sea bass recreational
fishing season.
Vessels that are not eligible for a
moratorium permit under § 648.4(a)(7),
and fishermen subject to the possession
limit specified in § 648.145(a), may only
possess black sea bass from May 15
through September 21, and October 22
through December 31, unless this time
period is adjusted pursuant to the
procedures in § 648.142.
[FR Doc. 2015–15086 Filed 6–18–15; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35255-35259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15086]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150211144-5509-02]
RIN 0648-BE89
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2015
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing management measures for the 2015 summer
flounder, scup, and black sea bass recreational fisheries. The
implementing regulations for these fisheries require NMFS to publish
recreational measures for each fishing year. The intent of these
measures is to constrain recreational catch to established limits and
prevent overfishing of the summer flounder, scup, and black sea bass
resources.
DATES: Effective June 19, 2015.
ADDRESSES: Copies of the Supplemental Information Report and other
supporting documents for the recreational harvest measures are
available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 N. State Street,
Dover, DE 19901. The recreational harvest measures document is also
accessible via the Internet at: https://www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively under the provisions of the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission, in consultation with the New England and South
Atlantic Fishery Management Councils. The management units specified in
the FMP include summer flounder (Paralichthys dentatus) in U.S. waters
of the Atlantic Ocean from the southern border of North Carolina
northward to the U.S./Canada border, and scup (Stenotomus chrysops) and
black sea bass (Centropristis striata) in U.S. waters of the Atlantic
Ocean from 35[deg]13.3' N. lat. (the approximate latitude of Cape
Hatteras, North Carolina) northward to the U.S./Canada border. States
manage these three species within 3 nautical miles (4.83 km) of their
coasts, under the Commission's plan for summer flounder, scup, and
black sea bass. The applicable species-specific Federal regulations
govern vessels and individual fishermen fishing in Federal waters of
the exclusive economic zone (EEZ), as well as vessels possessing a
summer flounder, scup, or black sea bass Federal charter/party vessel
permit, regardless of where they fish.
A proposed rule to implement the 2015 Federal recreational
management measures (minimum fish size, season, and possession limit)
for the summer flounder, scup, and black sea bass fisheries was
published in the Federal Register on May 5, 2015 (80 FR 25656), with a
15-day comment period that ended on May 20, 2015. Additional background
and information on the process to develop the measures described is
provided in the preamble to the proposed rule and is not repeated here.
2015 Recreational Management Measures
NMFS is implementing the following measures that would apply in the
Federal waters of the EEZ. These measures apply to all federally
permitted party/charter vessels with applicable summer flounder, scup,
or black sea bass permits, regardless of where they fish, unless the
state in which they land implements measures that are more restrictive.
These measures are intended to achieve, but not exceed, the previously
established recreational harvest limits for these fisheries (December
30, 2014; 79 FR 78311). More detail on these proposed measures is
provided in the following sections.
[[Page 35256]]
Table 1--Summary of 2015 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures
----------------------------------------------------------------------------------------------------------------
Minimum size Possession limit Season
----------------------------------------------------------------------------------------------------------------
Summer Flounder, through December Conservation equivalency--specific management measures determined by state
31, 2015. of landing (see Table 2).
----------------------------------------------------------------------------
Summer Flounder, beginning January 18 inches (45.7 cm)... 4 fish................ May 1-September 30.
1, 2016.
Scup............................... 9 inches (25.4 cm).... 50 fish............... January 1-December 31.
Black Sea Bass..................... 12.5 inches (31.8 cm). 15 fish............... May 15-September 18,
October 22-December 31.
----------------------------------------------------------------------------------------------------------------
Summer Flounder Recreational Management Measures
This rule implements the Council and Commission recommendation to
use conservation equivalency to manage the 2015 summer flounder
recreational fishery. The 2015 recreational harvest limit for summer
flounder is 7.38 million lb (3,347 mt). Final landings for 2014 were
7.39 million lb (3,354 mt), just above the recreational harvest limit
for 2015.
Conservation equivalency, as established by Framework Adjustment 2
(July 29, 2011; 66 FR 36208), allows each state to establish its own
recreational management measures to achieve its state harvest limit
partitioned by the Commission from the coastwide recreational harvest
limit, as long as the combined effect of all of the states' management
measures achieves the same level of conservation as would Federal
coastwide measures. Framework Adjustment 6 (July 26, 2006; 71 FR 42315)
allowed states to form regions for conservation equivalency in order to
minimize differences in regulations for anglers fishing in adjacent
waters.
The Council and Board voted to maintain the conservation
equivalency structure that was in place for fishing year 2014, as
follows: (1) Massachusettes; (2) Rhode Island; (3) Connecticut, New
York, and New Jersey; (4) Delaware, Maryland, and Virginia; and (5)
North Carolina. All states within a region must implement identical
measures (i.e., minimum size, possession limit, and season length). By
implementing conservation equivalency, the Federal summer flounder
regulations are suspended, and vessels are only subject to the measures
for the state in which they land. This means that minimum fish sizes,
possession limits, and fishing seasons developed and adopted by the
five regions from Massachusetts to North Carolina replace the Federal
waters measures for 2015.
The Commission notified the NMFS Greater Atlantic Regional
Administrator by letter dated April 30, 2015, that the 2015 summer
flounder recreational fishery management measures implemented by the
states and regions described above have been reviewed by the
Commission's Technical Committee and approved by the Commission's
Summer Flounder Management Board. The correspondence indicates that the
Commission-approved management measures are projected to restrict 2015
recreational summer flounder coastwide landings consistent with the
state-specific requirements established by the Technical Committee and
Board through the Commission process.
Based on the recommendation of the Commission, we find that the
recreational summer flounder fishing measures implemented for 2015 in
state waters are, collectively, the conservation equivalent of the
season, minimum size, and possession limit prescribed in Sec. Sec.
648.104(b), 648.105, and 648.106(a), respectively. According to Sec.
648.107(a)(1), vessels subject to the recreational fishing measures of
this part and landing summer flounder in a state with an approved
conservation equivalency program shall not be subject to Federal
measures, and shall instead be subject to the recreational fishing
measures implemented by the state in which they land. Section
648.107(a) has been amended to recognize state-implemented measures as
conservation equivalent of the coastwide recreational management
measures for 2015. The 2015 summer flounder management measures adopted
by the individual states vary according to the state of landing, as
specified in Table 2.
Table 2--2015 Commission-Approved Conservation Equivalent Recreational Management Measures for Summer Flounder
----------------------------------------------------------------------------------------------------------------
Minimum size Minimum size Possession limit
State (inches) (cm) (number of fish) Open season
----------------------------------------------------------------------------------------------------------------
Massachusetts....................... 16 40.6 5 May 22-September 30.
Rhode Island........................ 18 45.7 8 May 1-December 31.
Connecticut *....................... 18 45.7 5 May 17-September 21.
New York............................ 18 45.7 5 May 17-September 21.
New Jersey *........................ 18 45.7 5 May 23-September 26.
Delaware............................ 16 40.6 4 All Year.
Maryland............................ 16 40.6 4 All Year.
Potomac River Fisheries Commission.. 16 40.6 4 All year.
Virginia............................ 16 40.6 4 All year.
North Carolina...................... 15 38.1 6 All Year.
----------------------------------------------------------------------------------------------------------------
* Note: At 46 designated shore sites in Connecticut, anglers may keep 5 fish at 16 inches (40.6 cm), May 17-
September 21. At 1 designated site in New Jersey, anglers may keep 2 fish at 16.0 inches (40.6 cm), May 23-
September 26.
In addition, this action maintains the current default coastwide
measures (18-inch (45.7-cm) minimum size, 4-fish possession limit, May
1-September 30 open fishing season), that become effective January 1,
2016, when conservation equivalency expires.
[[Page 35257]]
Scup Recreational Management Measures
NMFS is implementing the Council and Commission's recommended scup
recreational management measures for 2015 in Federal waters. The
measures for the 2015 scup recreational fishery are: 9-inch (22.9-cm)
minimum fish size; 50-fish per person per trip possession limit; and an
open season of January 1 through December 31.
The 2015 scup recreational harvest limit is 6.80 million lb (3,084
mt). Final 2014 scup recreational landings were 4.12 million lb (1,870
mt). The increase in the possession limit from 30 to 50 fish is
intended to promote an increase in recreational scup fishing in order
to more fully achieve, but not exceed, the recreational harvest limit.
Black Sea Bass Recreational Management Measures
This final rule implements the Council and Commission's recommended
recreational management measures to constrain landings for black sea
bass in 2015: A 12.5-inch (31.8-cm) minimum size, 15-fish possession
limit, and open seasons of May 15-September 21 and October 22-December
31. The 2015 black sea bass recreational harvest limit is 2.33 million
lb (1,056 mt). The final 2014 landings were 3.65 million lb (1,656 mt).
During development of these and the state measures, projected landings
for 2014 were 3.45 million lb (1,565 mt), which requires a 33-percent
reduction in landings relative to the 2015 recreational harvest limit.
Recreational black sea bass catch occurs primarily in state waters
in the states of New Jersey through Massachusetts (i.e., the northern
region). Since 2011, the management measures in the northern region
have been more restrictive than in Federal waters. The northern states,
through the Commission process, have implemented 2015 measures to
achieve the 33-percent reduction in landings from each state that was
projected to be needed when this action was under development. This
reduction, in combination with the Council's recommendation of
maintaining the status quo measures in Federal waters, are intended to
achieve, but not exceed, the recreational harvest limit and
recreational annual catch limit in 2015. The southern region states
(Delaware through Cape Hatteras, North Carolina) have implemented state
waters measures that are equivalent to the Federal measures. The states
of Maine and New Hampshire have implemented recreational black sea bass
measures for the first time in response to the stock being more
commonly found in these states' waters.
In 2012, recreational black sea bass catch exceeded the annual
catch limit of 2.52 million lb (1,143 mt) by 129 percent. In 2013,
recreational black sea bass catch exceeded the annual catch limit of
2.9 million lb (1,315 mt) by 5 percent. Because the average catch for
these two years exceeds the average annual catch limit from the same
timeframe, as described in the regulations, an accountability measure
is applicable to the 2015 fishery. An accountability measure was
implemented for the 2014 fishing year because of the 2012 overage. The
2015 measures are functionally the same as those implemented last year
to comply with the accountability measure (12.5-inch (31.8-cm) minimum
size, 15-fish possession limit, and 201-day fishing season). Continuing
these regulations preserves the accountability measure that was applied
last year; as such, no further accountability measures are necessary
for 2015.
Additional Regulatory Change
This rule also clarifies that the regulations for summer flounder,
scup, and black sea bass possession limits are per person, per trip.
While it is clear in the FMP and subsequent amendments and framework
adjustments that the possession limits are intended to apply for the
entirety of a fishing trip, regardless of the length of that trip, the
regulations were less specific. This action corrects that oversight.
Comments and Responses
Three comments were received on the proposed rule. These comments
were not directly related to the 2015 recreational management measures
as proposed, but raised more general issues. No changes to the 2015
recreational management measures are being made as a result.
Comment 1: The first commenter expressed concern that reduced black
sea bass fishing would result in increased pressure on other stocks,
such as red hake, bluefish, and winter flounder, and noted a marked
increase in fishing on red hake when other recreational fisheries have
restrictive measures. The commenter advised leaving the fishery open
during the summer months.
Response: The Federal black sea bass fishery will be open during
the summer months, but some states may implement more restrictive
seasons in order to achieve the reduction necessary, described above.
NMFS has no authority over the states' measures and they are not the
subject of this rule. In addition, the other species noted by the
commenter are all federally managed species with annual catch limits
and accountability measures designed to ensure catch stays within
scientifically-based levels.
Comment 2: The second commenter was not specific to which measures
he was referring, but noted that recreational measures should not be
made more restrictive and that more restrictive measures should be
placed on the commercial fishery.
Response: This rulemaking is specific to the recreational fisheries
for summer flounder, scup, and black sea bass only. For all three
species managed under the Summer Flounder, Scup, and Black Sea Bass
FMP, the commercial and recreational sectors have separate annual catch
limits. The amount of landings allocated to each sector is specified in
the FMP. This allocation structure is intended to ensure that neither
sector is held accountable for catch overages in the other sector. The
commercial fisheries are regulated with seasonal, gear, permit, and
landings restrictions. These combinations of measures, both in Federal
and state waters, are designed to achieve, but not exceed, the
commercial coastwide landings quotas. The commercial accountability
measures require a pound-for-pound payback of any quota or annual catch
limit overages. In recent years, small overages of the commercial quota
or commercial annual catch limit have been accounted for by reducing
the following year's quota equal to the amount of the overage, as
needed. Further restrictions on the commercial fishery are not
warranted at this time. Should the commercial catch need to be reduced
for any of these species, those changes would be implemented in a
commercial sector-specific rulemaking.
Comment 3: The commenter noted that limits on the number and size
of fish caught recreationally were important to the long-term
sustainability of the fisheries.
Response: NMFS agrees and is implementing these measures
specifically to ensure that the scientifically-based recreational
harvest limits are not exceeded.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
the rule implementing the 2015 summer flounder, scup, and black sea
bass recreational management measures is necessary for the conservation
and management of the summer flounder, scup, and black sea bass
fisheries and that it is consistent with the Magnuson-Stevens Fishery
Conservation and
[[Page 35258]]
Management Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the requirement for a 30-day delay in effectiveness under the
provisions of section 553(d) of the Administrative Procedure Act
because a delay in its effectiveness would not serve any legitimate
purpose, while unfairly prejudicing federally permitted charter/party
vessels. This action will increase the possession limit for the
recreational scup fishery in Federal waters and allow federally
permitted charter/party vessels to be subject to the new summer
flounder measures in their respective states. Because some states'
summer flounder fisheries are already open or will open during the 30-
day period following publication of this rule, federally permitted
charter/party vessels would be restricted to the existing summer
flounder coastwide regulations (18-inch (45.7-cm) minimum size and a 4-
fish per person possession limit) until the Federal regulations are
effective. This would unnecessarily disadvantage federally permitted
vessels, which would be subject to the more restrictive measures while
state-licensed vessels could be engaged in fishing activities under
this year's management measures. If this final rule were delayed for 30
days, the fishery would likely forego some amount of landings and
revenues during the delay period.
While these restrictions would be alleviated after this rule
becomes effective, fishermen may be not able to recoup the lost
economic opportunity of foregone trips that would result from delaying
the effectiveness of this action. Finally, requiring a 30-day delay
before the final rule becomes effective would not provide any benefit
to the regulated parties. Unlike actions that require an adjustment
period to comply with new rules, charter/party operators will not have
to purchase new equipment or otherwise expend time or money to comply
with these management measures. Rather, complying with this final rule
simply means adhering to the published management measures for each
relevant species of fish while the charter/party operators are engaged
in fishing activities.
For these reasons, the Assistant Administrator finds good cause to
waive the 30-day delay and to implement this rule upon publication in
the Federal Register.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared. There are no new
reporting or recordkeeping requirements contained in any of the
alternatives considered for this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 15, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.106, paragraphs (a) and (c) are revised to read as
follows:
Sec. 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. Unless
otherwise specified pursuant to Sec. 648.107, no person shall possess
more than four summer flounder in, or harvested from, the EEZ, per trip
unless that person is the owner or operator of a fishing vessel issued
a summer flounder moratorium permit, or is issued a summer flounder
dealer permit. Persons aboard a commercial vessel that is not eligible
for a summer flounder moratorium permit are subject to this possession
limit. The owner, operator, and crew of a charter or party boat issued
a summer flounder moratorium permit are subject to the possession limit
when carrying passengers for hire or when carrying more than five crew
members for a party boat, or more than three crew members for a charter
boat. This possession limit may be adjusted pursuant to the procedures
in Sec. 648.102.
* * * * *
(c) Summer flounder harvested by vessels subject to the possession
limit with more than one person on board may be pooled in one or more
containers. Compliance with the possession limit will be determined by
dividing the number of summer flounder on board by the number of
persons on board, other than the captain and the crew. If there is a
violation of the possession limit on board a vessel carrying more than
one person, the violation shall be deemed to have been committed by the
owner and operator of the vessel.
* * * * *
0
3. In Sec. 648.107, paragraph (a) introductory text is revised to read
as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures implemented by the states of Maine through North
Carolina for 2015 are the conservation equivalent of the season,
minimum size, and possession limit prescribed in Sec. Sec. 648.102,
648.103, and 648.105(a), respectively. This determination is based on a
recommendation from the Summer Flounder Board of the Atlantic States
Marine Fisheries Commission.
* * * * *
0
4. In Sec. 648.128, paragraphs (a) and (c) are revised to read as
follows:
Sec. 648.128 Scup possession restrictions.
(a) Party/Charter and recreational possession limits. No person
shall possess more than 50 scup in, or harvested from, per trip the EEZ
unless that person is the owner or operator of a fishing vessel issued
a scup moratorium permit, or is issued a scup dealer permit. Persons
aboard a commercial vessel that is not eligible for a scup moratorium
permit are subject to this possession limit. The owner, operator, and
crew of a charter or party boat issued a scup moratorium permit are
subject to the possession limit when carrying passengers for hire or
when carrying more than five crew members for a party boat, or more
than three crew members for a charter boat. This possession limit may
be adjusted pursuant to the procedures in Sec. 648.122.
* * * * *
(c) Scup harvested by vessels subject to the possession limit with
more than one person aboard may be pooled in one or more containers.
Compliance with the possession limit will be determined by dividing the
number of scup on board by the number of persons aboard other than the
captain and crew. If there is a violation of the possession limit on
board a vessel carrying more than one person, the violation shall be
deemed to
[[Page 35259]]
have been committed by the owner and operator.
* * * * *
0
5. In Sec. 648.145, paragraphs (a) and (c) are revised to read as
follows:
Sec. 648.145 Black sea bass possession limit.
(a) During the recreational fishing season specified at Sec.
648.146, no person shall possess more than 15 black sea bass in, or
harvested from, per trip the EEZ unless that person is the owner or
operator of a fishing vessel issued a black sea bass moratorium permit,
or is issued a black sea bass dealer permit. Persons aboard a
commercial vessel that is not eligible for a black sea bass moratorium
permit may not retain more than 15 black sea bass during the
recreational fishing season specified at Sec. 648.146. The owner,
operator, and crew of a charter or party boat issued a black sea bass
moratorium permit are subject to the possession limit when carrying
passengers for hire or when carrying more than five crew members for a
party boat, or more than three crew members for a charter boat. This
possession limit may be adjusted pursuant to the procedures in Sec.
648.142.
* * * * *
(c) Black sea bass harvested by vessels subject to the possession
limit with more than one person aboard may be pooled in one or more
containers. Compliance with the possession limit will be determined by
dividing the number of black sea bass on board by the number of persons
aboard, other than the captain and the crew. If there is a violation of
the possession limit on board a vessel carrying more than one person,
the violation shall be deemed to have been committed by the owner and
operator of the vessel.
* * * * *
0
6. Section 648.146 is revised to read as follows:
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a moratorium permit under Sec.
648.4(a)(7), and fishermen subject to the possession limit specified in
Sec. 648.145(a), may only possess black sea bass from May 15 through
September 21, and October 22 through December 31, unless this time
period is adjusted pursuant to the procedures in Sec. 648.142.
[FR Doc. 2015-15086 Filed 6-18-15; 8:45 am]
BILLING CODE 3510-22-P
